| State | Year Law Passed | Amount of Marijuana the Policy Applies To | First Offense Penalty | Subsequent Offense Penalties | Classification for First Offense | Citations | Other Information |
| Alaska | 2014; 1975 court decision | For those 21+, at home, discreetly and securely: Up to six plants (with up to three mature) and the cannabis from those plants Elsewhere: one ounce |
No penalty for those 21 and older | No penalty for those 21 and older | N/A for adults 21 and older | Alaska Stat. § 17.38.020-17.38.040 | In 2014, voters approved Ballot Measure 2 to legalize, regulate, and tax marijuana for adult use. In addition, the state Supreme Court ruled in 1975 that the state’s right to privacy protects private possession of marijuana (Ravin v. State). Consuming marijuana in public is a violation, punishable by a fine of up to $100. |
| Arizona | 2020 | One ounce with no more than five grams being concentrates, six plants, and the marijuana from those plants (12 plants if two adults 21+ live at the residence) | No penalty for those 21 and older; $100 fine and four hours of drug counseling for minors | No penalty for those 21 and older; $100 fine and eight hours of drug counseling for minors | N/A for adults 21 and older; petty offense for others | A.R.S. § 36-2852, § 36-2853 | Arizona voters approved an adult-use legalization initiative in November 2020. Smoking marijuana in a public place or open space is a petty offense, carrying a fine of up to $300. |
| California | 2016 (legal for adults 21 and up); 1976 and 2010 | 28.5 grams (about an ounce) or less; six plants, and marijuana from the plants | Adults 21 and older: no penalty; ages 18-20: $100 fine; minors: counseling, community service, drug education | Same as first offense | N/A for adults 21 and up; infraction for others | Cal. Health & Safety Code § 11362.1, §11357 | California voters approved an adult-use legalization initiative in 2016. It remains illegal to use marijuana in public (other than in licensed cannabis cafés) or to have an open container in cars. The penalty is a fine of up to $100. |
| Colorado | 2012 (legal for adults 21 and up); 1975 and 2010 (fining possession) | For adults 21 and older: no penalty for up to two ounces, six plants, and marijuana from the plants For those under 21: fine applies to up to two ounces | No penalty for adults 21 and older; $100 fine for those under 21 | No penalty | N/A for adults 21 and up; Criminal class 2 petty offense for others | Colorado Constitution Article XVIII, Section 16; C.R.S. § 18-18-406 (1)-(3) | In 2012, Colorado voters approved Amendment 64 to legalize, regulate, and tax marijuana for adults’ use. The open display or consumption of cannabis is a drug petty offense carrying a fine of up to $100 and up to 24 hours of community service. Possessing an open container in a vehicle carries a $50 fine. |
| Connecticut | 2021 (legal for adults 21 and up); 2011 (fining possession) | For adults 21 and older: no penalty for up to 1.5 ounces or equivalent and up to five ounces secured at home, plus three mature plants and three immature plants For those under 21: modest fine for up to five ounces |
No penalty for adults 21+ For those 18-20: $50 or community service alternative for indigent Under 18: a written warning and possible referral to a youth services bureau | For those 18-20: $150 or community service alternative for indigent Under 18: mandatory referral to a youth services bureau or other services; subsequent: offenses adjudicated delinquent in juvenile court | Civil violation | C.G.S.A. § 21a-279a | In 2021, Gov. Lamont signed the adult-use legalization bill into law. One ounce is considered the equivalent to five grams of cannabis concentrate or any other cannabis product with up to 500 milligrams of THC. The law added cannabis to the Clean Indoor Air Act, prohibiting smoking cannabis where smoking cigarettes is prohibited. Also, localities may impose fines of up to $50 for smoking outdoors on public property. |
| Delaware | 2023 | One ounce or less, up to 12 grams concentrates, or up to 750 mg of THC in products | Adults 21 and older: no penalty; ages 18-20: $100 civil fine; under 18: may be referred to counseling, treatment, or other intervention services | Same as first offense | N/A for adults 21 and older, civil violation for minors | Del. Code Ann. Title 16 § 4764; § 4764A | In April 2023, legalization laws HB 1 and HB 2 became law without the governor's signature. Consuming cannabis in public or in a moving vehicle carries up to five days in jail and/or a fine of up to $200. Cannabis must be stored in a closed container in a moving vehicle and can’t be readily accessible. |
| District of Columbia | 2014 | For adults 21 and older: Up to two ounces outside the home, plus six plants and the marijuana from the plants at home For those under 21: fine applies to up to one ounce | No penalty for adults 21 and older; $25 fine for those under 21 | Same as first offense | N/A for adults 21 and older; civil violation for others | D.C. Official Code §§ 48-904.01 & 48-1203 | In November 2014, voters approved Initiative 71, which legalized personal possession and cultivation of marijuana for adults 21 and older. Consuming cannabis in public is a misdemeanor carrying a fine of up to $500 or up to 60 days in jail. |
| Hawaii | 2019 | Three grams | $130 fine | Same as first penalty | Non-criminal | H.R.S. 712-1249 | |
| Illinois | 2019 (legal for adults 21 and up); 2016 | Residents: No penalty for up to 30 grams, five grams concentrates, or products with up to 500 mg THC; Non- residents: half those amounts | No penalty for adults 21 and older | Same | N/A for adults 21 and older | 410 ILCS 705/10-5, 705/10-10. | In 2019, Illinois became the first state to adopt a regulatory system for legal cannabis via a state legislature. The public consumption of cannabis remains illegal. For minors, possession of up to 10 grams of cannabis is punishable by a $100-200 fine. Cultivation of up to five plants is punishable by a fine. Cannabis transported in a vehicle must be be in a secured, sealed, or resealable, odor-proof, child-resistant container. Failure to do so carries a fine of up to $2,500 or up to a year in jail. |
| Louisiana | 2021 | 14 grams | Fine of up to $100. For indigent, the court must find alternatives, such as community service or installment payments. | Same | Unclear | L.R.S. 40:966(C) (2)(a)) | The penalty for paraphernalia solely for ingesting, inhaling, or otherwise consuming marijuana is a fine of up to $100 for a first offense, with the fine increasing to up to $500 for a second offense. Subsequent convictions for paraphernalia for cannabis use carry a fine of up to $2,500. |
| Maine | 2016 (legal for adults 21 and up); 1976 and 2009 | 2.5 ounces; six mature plants, 12 immature plants, and the cannabis from the plants | No penalty for adults 21 and older; those under 21: $350 - $1,000 fine | Same as first offense | N/A for adults 21 and up; civil violation for others | 7 M.R.S.A. §2452; 22 M.R.S.A. § 2383 | In 2016, voters approved Question 1 to legalize, regulate, and tax marijuana for adult use. Using cannabis in public is a civil violation carrying a fine of up to $100. |
| Maryland | 2022 | Up to 1.5 ounces of cannabis, 12 grams of concentrates, or products with up to 750 mg of THC; up to two plants | Adults 21 and older: no penalty; under 21: up to a $100 fine, possible drug education and/or substance abuse assessment | No penalty for adults; For minors, same as first offense. | No penalty for adults; civil offense for minors | Md. Code Ann., Crim. Law § 5-601 | In November 2022, voters approved a legislatively referred legalization initiative. The legislature enacted a contingent companion bill in 2022, and in 2023 it approved legal, regulated sales. Public smoking of cannabis is punishable by a fine of up to $50 for a first offense. |
| Massachusetts | 2016 (legal for adults 21 and up); 2008 | Two ounces, six plants and marijuana from the plants | Adults 21 and older: no penalty; ages 18-20: $100 fine; minors: fine, drug awareness class | Same as first offense | N/A for adults 21 and up; civil offense for others | M.G. L.A. 94G, Section 7; 94C § 32L-32N | In 2016, voters approved Question 4 to legalize, regulate, and tax marijuana for adult use. The consumption of marijuana in public is a civil violation, carrying a fine of up to $100. Possession of an open container in a motor vehicle carries a civil fine of up to $500. |
| Michigan | 2018 | At home, in a locked or secured area or container: 10 ounces, six plants, and marijuana from the plants Elsewhere: 2.5 ounces |
No penalty for those 21 and older | No penalty for those 21 and older | N/A for adults 21 and older | M.C.L.A. 333.27955, 333.27954 | Voters approved Prop. 1 in 2018 to legalize, regulate, and tax marijuana for adults 21 and older. Possession by those under 21 remains a civil offense. The public consumption of cannabis is also illegal, with a first offense carrying a civil fine of up to $500. |
| Minnesota | 2023 | Two ounces, eight grams of concentrate, and edibles with up to 800 mg of THC; at home: two pounds and up to eight plants (four flowering) | Adults 21 and older: no penalty; under 21: unclear | Adults 21 and older: no penalty; under 21: unclear | Adults 21 and older: no penalty; under 21: unclear | Minn. St. § 342.09; possibly §645.241 | In 2023, the legislature and governor approved an adult-use legalization law. Vaping or smoking cannabis in a multi-family home, including balconies and patios, is punishable by a $250 fine. Having an open container in a car carries up to 90 days in jail. Cities may impose fines for public consumption. The legalization law does specify a penalty for minors in possession, but a default penalty applies — a petty misdemeanor carrying up to a $300 fine. |
| Mississippi | 1977 | 30 grams (a little more than an ounce) or less | $100-$250 fine | Second conviction within two years is a $250 fine and 5-60 days jail, plus counseling; third conviction in two years is a misdemeanor | Civil summons (first or second); criminal misdemeanor (third conviction within two years) | Miss. Code Ann. § 41-29-139 (c) (2) | Offenders who provide proof of identity and agree in writing to appear in court are not subject to arrest. The Bureau of Narcotics maintains a record of first and second convictions, but the record does not constitute a criminal record, and the record of each conviction is expunged after two years. Possession of paraphernalia remains a jailable offense. |
| Missouri | 2023 | Three ounces of cannabis, and the equivalent; six mature plants with cultivation card | Adults 21 and older: no penalty; under 21: $250 to $1000 fine | Adults 21 and older: no penalty | No penalty for adults; Class D misdemeanor (infraction) for minors | Mo. Const, Art XIV, Sec. 2; Mo. St. §579.015. |
In November 2022, Missouri voters approved an adult-use legalization measure. The penalty for minors is for up to 10 grams. Cannabis cannot be smoked where tobacco smoking is prohibited. It also cannot be smoked in a motor vehicle or other motorized transport while it is in operation. |
| Montana | 2020 | One ounce with no more than eight grams being concentrates, four plants, four seedlings | No penalty for adults 21 and older; for minors, a civil fine not to exceed $100 or up to four hours drug education/ counseling | No penalty for those 21 and older; for minors, same as first offense | N/A for adults 21 and up; civil violation for others | Not yet codified |
In 2020, Montanans passed two complementary ballot initiatives to legalize, regulate, and tax marijuana for adults 21 and older. Smoking cannabis in public carries a civil fine of up to $50. Possessing a previously opened container of cannabis in the passenger section of a vehicle carries a civil fine of up to $100. |
| Nebraska | 1978 | One ounce or less | $300 fine and a course if judge deems appropriate | Second conviction: $400 fine, up to five days in jail; third conviction: $500 fine, up to seven days in jail | Civil infraction (first); criminal misdemeanor (second and third) | Neb. Rev. Stat. § 28-416 (13) | The first offense is an infraction. A citation is issued in lieu of arrest or continued custody. A citation is also issued for second and third convictions, and thus, they are also not arrestable offenses. |
| Nevada | 2016 (legal for adults 21 and up); 2001 | 2.5 ounces; for those living 25 miles from retailers: six plants, and marijuana from the plants | No penalty for adults 21 and older; under 21: up to a $600 fine, in some circumstances, treatment and rehabilitation | Second conviction: up to $1,000 fine and treatment; subsequent penalties include possible jail sentences | N/A for adults 21 and up; criminal misdemeanor for others | Question 2 § 6; N.R.S. § 453.336 (4) | In 2016, voters approved Question 2 to legalize, regulate, and tax marijuana for adults’ use. Consuming cannabis in public carries a fine of up to $600 for a first offense. |
| New Hampshire | 2017 | 3/4 ounce; five grams of hashish and marijuana-infused products containing up to 300 mg of THC, if they were purchased from states where they were legally sold and are stored in the properly labeled, child-proof containers. | Adults: $100 fine; Minors: determined by juvenile court | Second offense: $100 civil fine; third offense: $300 civil fine; fourth offense within three years: up to a $1,200 criminal fine | Civil violation | RSA 318-B:2-c | Also, an open container law imposes a $150 fine and possible license suspension for transporting cannabis (other than therapeutic cannabis) in a location other than the trunk or — if there is no trunk — the glove compartment or the compartment least accessible to the driver. For those under 21, the cannabis need not be in an “open container” to result in a possible drivers license suspension. |
| New Jersey | 2021 | Adults 21+: no penalty for up to six ounces or 17 grams of hashish | Adults 21+: no penalty; Those under 21: Warning to the minor only | Minors: Subsequent warnings include more information on accessing services Those under 18: Subsequent warnings go to the parent, too | N/A for adults 21 and up For minors: warning | N.J.S.A. C. 24:6I- 31, C.2C:33-15 | Smoking cannabis in a place covered by the New Jersey Smoke-Free Air Act, which includes parks and beaches, is punishable by a fine of up to $250 for first offense. |
| New Mexico | 2021 (legal for adults 21 and up); 2019 (civil fine) | Adults 21+: no penalty for two ounces; 16 grams of concentrates, and 800 milligrams of edible cannabis; six mature and six immature plants Minors: Fine for up to a half an ounce or less | Adults 21+ no penalty Minors: four hours of community service or a free four-hour drug education and legal rights program | Same as first penalty | N/A for adults 21 and up For minors: non- criminal | L. 2021, 1st Sp. Sess., Ch. 4, § 25,§ 30 | Smoking cannabis in public is punishable by a $50 fine. |
| New York | 2021 (legal for adults 21 and up); 1977, expanded in 2019 | Adults 21+: three ounces of cannabis and 24 grams of concentrates, plus at home: three mature plants, three immature plants and five pounds of trimmed cannabis | Adults 21+: No penalty; Under 21: A fine of up to $50 payable to the office of cannabis management, minors are also “provided with information related to the dangers of underage use of cannabis and information related to cannabis use disorder.” | Same as first penalty | N/A for adults 21 and up; For minors: non- criminal | N.Y. Pen Law § 222.05; § 132 (4) | It is illegal to smoke or vape cannabis anywhere tobacco smoking is prohibited. This includes parks, beaches, and indoor public places. The penalty is a $25 fine and up to 20 hours off community service. Smoking cannabis in a place covered by the New Jersey Smoke-Free Air Act, which includes parks and beaches, is punishable by a fine of up to $250 for first offense. |
| North Carolina | 1977 | A half ounce or less | Up to a $200 fine, possible suspended sentence | Second to fifth offenses: up to $200 fine, 0-15 days in jail, suspended; on sixth offense, up to 20 days in jail, suspended at judges’ discretion | Criminal misdemeanor (Class 3) | N.C.G.S.A. § 90- 95 (d)(4) | Any sentence of imprisonment imposed must be suspended and the judge may not require that the defendant serve a period of imprisonment as a special condition of probation. |
| North Dakota | 2019 | Up to half an ounce | For adults 21 and older: infraction, up to $1,000 fine | Third infraction within a year may become Class B misdemeanor, with up to 30 days in jail | Infraction | ND Cent. Code 19-03.1-23 | Paraphernalia is also decriminalized. The law classifies consumption of marijuana by a person under the age of 21 as a Class B misdemeanor. |
| Ohio | 2023 | Adults 21+: 2.5 ounces, 15 grams of concentrate, plus six plants securely at home. See “other information” for important limitations | Adults 21 and older: no penalty; under 21: $150 fine | Adults 21 and older: no penalty; under 21: $150 fine | No penalty for adults; minor misdemeanor for minors |
O.R.C. Sec. 3796.221. 3796.06, 3796.062 |
In 2025, the Ohio Legislature passed a law creating new cannabis crimes including: storing edibles in anything but their original container, possessing cannabis obtained from anywhere other than an Ohio retailer or a home grow, smoking or vaping cannabis somewhere other than a residential or agricultural property, and transporting a previously opened container of cannabis or previously used paraphernalia in the passenger area of a motor vehicle. Most offenses are minor misdemeanors punishable by a $150 fine. |
| Oregon | 2014 (legal for adults 21 and older); 1973 (fining possession) | For adults 21 and older: no penalty for up to eight ounces, four plants For those under 21: fine applies to less than one ounce | No penalty for adults 21 and older; $650 presumptive fine for those under 21 | Same as first offense | N/A for adults 21 and older; civil violation for others | OR Rev. Stat § 475.864 | In 2014, voters approved Measure 91 to legalize, regulate, and tax marijuana for adults’ use. Using marijuana in public is a Class B violation with a presumptive fine of $265. |
| Rhode Island | 2022 | Adults 21+ at home: up to 10 ounces, three mature and three immature plants; Elsewhere: one ounce of flower or the equivalent | Adults 21 and older: no penalty; under 21: 17-20 year old, $150 civil fine plus drug-awareness program | Adults 21 and older: no penalty; under 21: Same | No penalty for adults; civil penalty for minors | R.I. Gen. Laws § 21-28-4.01 | In 2022, the legislature and governor approved an adult-use legalization law. Penalties for minors vary based on age and may include an appearance in family court, substance abuse treatment, and a fine. Smoking or vaping cannabis in public is illegal. |
| Vermont | 2018 (legal for adults 21 and up), 2013 | Adults 21+: one ounce of flower, five grams of hashish, two mature cannabis plants, or four immature cannabis plants (at home) | For adults, no penalty; if under 21, generally diversion | For adults, no penalty; if under 21, generally diversion | N/A for adults 21 and up; infraction for others | 18 V.S.A. § 4230a–b | In 2018, the legislature approved a law allowing adults to cultivate and possess limited amounts of marijuana. Consuming cannabis in public remains illegal, with a first offense punishable by a fine of up to $100. Possessing an open container of cannabis in the passenger area of the motor vehicle is punishable by a civil penalty of up to $200. |
| Virginia | 2021 (legal for adults 21 and up); 2020 (civil fine) | Adults 21+: No penalty for up to one ounce of cannabis or the equivalent amount of products and up to four plants at primary residence | Minors in possession or exceeding limits but possessing under a pound: $25 fine | Same as first offense | N/A for adults 21 and up; civil offense for others | VA Code Ann. § 4.1-1100, 4.1-1101, 4.1-1108, 4.1-1107 | The public consumption of cannabis is punishable by a $25 fine for a first offense. Using cannabis while driving or being a passenger in a motor vehicle is a Class 4 misdemeanor, which carries a fine of up to $250. |
| Washington | 2012 | Allows adults 21 and older to possess up to one ounce | No penalty for those 21 and older | No penalty for those 21 and older | N/A for those 21 and older; misdemeanor for those under 21 | RCW 69.50.325- 69.50.359, 69.50.445 | In 2012, voters approved I-502 to legalize, regulate, and tax marijuana for adults’ use. The law does not allow home cultivation. Possession by those under 21 remains a crime. Using cannabis in a public place, or having an open container in public, is a civil infraction, which generally carries a $50 fine. It is a traffic infraction to have a previously opened container of cannabis in the passenger area of a motor vehicle. |
Disclaimer: This chart is not intended for or offered for legal advice. It is for informational and educational purposes only. Please consult with an attorney licensed to practice in the state in question for legal advice